This matter is before the Court on Defendant Bayer HealthCare Pharmaceuticals Inc.'s motions, pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing plaintiffs' claims, in the above-captioned matters, with prejudice for failure to comply with their Plaintiff Fact Sheet ("PFS") obligations.

On February 23, 2011, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the Arnold, Brewer, Brown, Brunatti, Busch, Fudge, Grindstaff, Homan, Johnson, and Taylor matters without prejudice for failure to comply with PFS obligations.*fn3 The Court granted the motion on March 22, 2011.*fn4

On March 8, 2011, Bayer HealthCare Pharmaceuticals Inc. moved to dismiss the Burks, Lagerstrom, Lagesse, Pace, Richter, and Sylvia-Booth matters without prejudice for failure to comply with PFS obligations.*fn5 The Court granted the motion on March 28, 2011.*fn6

More than 60 days since the entry of the order of dismissal without prejudice have passed, and plaintiffs still have not complied with their PFS obligations.

Accordingly, pursuant to Section E of CMO 12, Defendant Bayer HealthCare Pharmaceuticals Inc. respectfully requests that the Court issue an Order converting the dismissal without prejudice to a dismissal with prejudice.

Having considered the motion and the relevant provisions of CMO 12 the Court ORDERS as follows:

Plaintiffs in the above captioned actions have failed to comply with their obligations pursuant to CMO 12 and more than 60 days have passed since the entry of the order of dismissal without prejudice for failure to comply with CMO 12. Accordingly, pursuant to Section E of CMO 12, Plaintiffs complaints are hereby dismissed with prejudice. Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.

SO ORDERED

Digitally signed by David R. Herndon Chief Judge United States District Court

Date: 2011.06.17 16:48:49-05'00'

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.